theone123
blue essence
QUESTION ONE
James is an engineer working in project management in a merchant bank. His girlfriend Megan is a town planner. They have been living together in rented flats for five years and in late 2003 decided to think about investing together as well as buying a house. James discussed this with his work mates and friends Marty and Paul, in various investment divisions with the bank. Marty, a commercial lawyer, told him to get into the Sydney real estate market as this was easily the best investment around. Paul, a financial adviser, agreed that real estate was generally best although he said there had been rumours about Federal Capital Gains taxes being increased to a higher rate. James passed all this information on to Megan, who also told her mother Jenny.
James and Megan borrow $650,000.00 from the bank and used this and their savings to buy a property at Manly. They rented the property to some students from UWS and moved in with Jenny in her home to save some extra money. Jenny sold most of her bank shares and bought another property close in Manly, which she rented to students from University of Sydney. None of them tried to get any other financial advice.
In April 2004 the government of New South Wales announced a mini budget and imposed a new land tax on all investment properties. The property market in Sydney collapses and all three investors discover that their properties are now worth less that 80% of what they paid earlier in the year. Jenny is particularly upset as her shares would have maintained their value if she had not sold to but the property. As a result of the investment disaster Jenny suffers severe stress leading to clinical depression. She is unable to work in her usual occupation again.
Advise James, Megan and Jenny of any right they may have in this situation in the law of Negligence ONLY, giving full legal authority for your answers. Against whom would those rights, if any, be exercised, and why?
James is an engineer working in project management in a merchant bank. His girlfriend Megan is a town planner. They have been living together in rented flats for five years and in late 2003 decided to think about investing together as well as buying a house. James discussed this with his work mates and friends Marty and Paul, in various investment divisions with the bank. Marty, a commercial lawyer, told him to get into the Sydney real estate market as this was easily the best investment around. Paul, a financial adviser, agreed that real estate was generally best although he said there had been rumours about Federal Capital Gains taxes being increased to a higher rate. James passed all this information on to Megan, who also told her mother Jenny.
James and Megan borrow $650,000.00 from the bank and used this and their savings to buy a property at Manly. They rented the property to some students from UWS and moved in with Jenny in her home to save some extra money. Jenny sold most of her bank shares and bought another property close in Manly, which she rented to students from University of Sydney. None of them tried to get any other financial advice.
In April 2004 the government of New South Wales announced a mini budget and imposed a new land tax on all investment properties. The property market in Sydney collapses and all three investors discover that their properties are now worth less that 80% of what they paid earlier in the year. Jenny is particularly upset as her shares would have maintained their value if she had not sold to but the property. As a result of the investment disaster Jenny suffers severe stress leading to clinical depression. She is unable to work in her usual occupation again.
Advise James, Megan and Jenny of any right they may have in this situation in the law of Negligence ONLY, giving full legal authority for your answers. Against whom would those rights, if any, be exercised, and why?